Ninth Circuit rejects church claim that Washington abortion law forces coverage
A Ninth Circuit panel ruled that Washington's Parity Act does not compel Cedar Park Assembly of God to provide abortion coverage in its employee health plans.
A three-judge Ninth Circuit panel concluded that Cedar Park Assembly of God of Kirkland cannot force Washington to exempt it from providing abortion coverage under the state's Parity Act. Judges Susan P. Graber, Lucy Koh and Consuelo Callahan said the Parity Act does not coerce the church into purchasing or paying for abortions, and the conscience statute's plain text shields it from such mandates. The panel noted that abortion-free health plans exist and the church could obtain coverage from providers like Providence, which simply does not offer plans in the church's counties.
The judges affirmed the district judge's summary-judgment finding that the challenged laws are neutral, generally applicable, and do not target religious conduct. A partial dissent argued the statutes burden religious exercise and fail strict scrutiny. Alliance Defending Freedom's senior counsel said the church will evaluate further legal options.
Why it matters
The ruling determines whether religious institutions can be required to offer abortion coverage under state health-insurance mandates.
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